Issue link: https://maltatoday.uberflip.com/i/1327039
maltatoday | SUNDAY • 10 JANUARY 2021 10 NEWS KARL AZZOPARDI THE Ombudsman has flagged the unjust dismissal of a former guard by the pris- on's administration. The complaint was lodged with the Office of the Ombudsman by Emanuel Cassar, who claimed that on 24 March 2019 he was fired in an abusive manner, following a "frame-up". Cassar said that an argument between himself and CCF Chief Operating Of- ficer Randolph Spiteri – a former aide to PN environment minister George Pullicino – led to his sacking. Following the clash between the two, Spiteri felt the Correctional Agency's disciplinary board should be convened in order to assess Cassar's behaviour. The argument concerned the use of uniforms, with Cassar telling Spiteri to "leave him alone" or else he would be "going where he needs to go". In an email, Spiteri subsequently informed prison director Alex Dalli and request- ed the disciplinary board discuss the incident. The decision was approved by Dalli, with the disciplinary board composed of three agency officials. After review- ing the case, the board found Emanuel Cassar guilty of his actions, and rec- ommended that Dalli inform the Pub- lic Service Commission about Cassar's ousting. The PSC also summoned the two par- ties to hear their side of the story, and after meeting with them, decided to rubber-stamp the board's decision. This led to Cassar's dismissal from public service on 25 March 2019. The decision also resulted in Emanuel Cas- sar losing out on his pension. But in his conclusions that Cassar had been unfairly dismissed, the ombuds- man took into consideration a num- ber of factors, including the fact that the complainant had already received a warning on 14 November 2018, after he was sentenced to two years' impris- onment suspended for four years, fol- lowing a domestic dispute with his wife over their child. The ombudsman noted the fact that Cassar formed part of the disciplinary corps, and so was subject to strict dis- cipline. Despite the considerations, Emanuel Cassar's removal was still considered unjust. "It goes against the basic principles of natural justice," the ombudsman said. It was also pointed out that having a disciplinary board composed of offi- cials who respond directly to the person who started the proceedings, does not guarantee justice to the person under scrutiny. "How can an official who takes orders from the authority who started proceedings against another official be independent? This is a case which, even with the best intentions from the Chair- man and the board members, made way for injustice," the report read. The ombudsman stressed that the dis- ciplinary board could never have been "impartial or independent" when they report directly to the prison director. "What justice is there, when the process is one of 'judge, jury and executioner'." The ombudsman said that while Cas- sar is ideally reintegrated into public service, the circumstances of the inves- tigations suggest otherwise. He there- fore recommended he is compensated for his pension on a pro-rata basis. He also called on the Public Service Commission to review its disciplinary proceedings with regards to the firing of employees from their work place. Such a review should be carried out in line with European legislation. kazzopardi@mediatoday.com.mt Ombudsman slams prison administration over unfair dismissal of former guard Ombudsman criticises disciplinary board tasked with reviewing case, saying it could never have been 'impartial or independent' Footballer in police bail inquiry gets ministerial post MATTHEW VELLA A former Malta international footballer whose domestic vi- olence arrest and subsequent police bail was the subject of a government inquiry into his po- lice bail, is now a member of the education minister's secretariat. Ghajnsielem FC coach Daniel Bogdanovic is now listed as a secretariat officer in the educa- tion ministry of Justyne Caruana, a former Gozo minister. The government inquiry had been launched in 2016 after MaltaToday reported a domes- tic violence case involving then Xewkija footballer Bogdanovic, after he was released from arrest ahead of a 3pm Sunday kick-off – even though a duty magistrate was expecting him to be ar- raigned under arrest on Monday morning. The footballer was arrested in October 2016 over threatening SMSes he had sent to his wife, kept overnight in a police cell on a Saturday and then released on Sunday morning. At the time MaltaToday reported that Gozo police had been requested by a government official to release Bogdanovic in time for a Sunday match. The inquiry had confirmed that Bogdanovic had been released from arrest earlier than sched- uled, as agreed with Magistrate Joanne Vella Cuschieri; that As- sistant Commissioner Carmelo Magri had inquired about the arrest with arresting officer Edel Mary Camilleri; that Magri had himself been previously contact- ed by the Xewkija Tigers coach Jesmond Zammit – who was then an aide to parliamentary secretary Ian Borg; and that of- ficer Camilleri consented to the release on request of her own su- perior, Superintendent Antonel- lo Grech. That Sunday morning of his re- lease, a conversation ensued be- tween Superintendent Antonello Grech and Edel Mary Camill- eri, a conversation she said had "sounded like a warning". The testimonies of the police officers were never published, but it is stated that Grech opined that keeping Bogdanovic under arrest would be "against the spirit of the law" since Camilleri had already seized the weapons, ensured the safety of the victims, and was on- ly waiting for the police offices to re-open on Monday. Vassallo concluded in his in- quiry: "It could be that the tele- phone calls from AC Magri and particularly the conversation [Camilleri] had with her super- intendent, brought the inspector to decide on police bail. The lack of sensitivity in this decision is present, without doubt." Vassallo noted the arrest- ing officer's investigation was not entirely complete and that Bogdanovic did not have to be released automatically: "The seriousness of the case and the sensitivity necessary in treating domestic violence demand cau- tion. The Inspector felt that the Superintendent's speech that Sunday morning sounded like a warning." "So it made no sense in giving him police bail," Vassallo point- ed out, "if such a serious threat as [Bogdanovic] made also ne- cessitated issuing a protection order. In these circumstances, the choice had to be either police bail and a notification to appear in court, or to keep him under arrest as agreed with the magis- trate, 37 hours later on Monday morning." Bogdanovic was later fined €1,000 for misuse of telecom- munications equipment in 2017 and had his firearms licence sus- pended for failing to properly store a handgun and a rifle in the manner required by law. Cassar said that an argument between himself and CCF Chief Operating Officer Randolph Spiteri (pictured) led to his sacking. Photo: Jeremy Wonnacott/DOI